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■"IIMUMMMl 
 
 u 
 
 fid 
 
 HE 
 959 
 
 File 
 
 .^F^ TOK-^ 
 
 NEWFOUNDLAND 
 
 MUTUAL MARINE 
 
 i 
 
 . '' * 
 
 Ia % vJ U i\drx *\V/ iv 
 
 SI. __„_r'ii,> 
 
 Ike 
 
 lirt^Krtil b« fuiosi^td. 
 
{ 
 
 '^•'iSl,-»_. 
 
 i 
 
TITLES 
 
 OF THE 
 
 NEWFOUNDLAND 
 
 'MUTUAL MARINE 
 
 INSURANCE CLUB. 
 
 ST. JOHN'S, N. P. 
 News Job j^uint. 
 
 181)(;, 
 
 Tt is earnestly reques'ed that all Owners 
 and Masters having Vessels insured in this 
 Clul) sht)uhl H'ake themselves acquainted 
 with the Rules and Regulations of the Chih. 
 as no excuse or [)lea of ignorance of said 
 Rules vvill he admitted. 
 
COMMITTEE. 
 
 R. K. BISHOP, Esq., Pre^i.lent. 
 
 J. 8. PiT7s,Esy. I John B. Ayrk. E>q. 
 
 Alex MacDougall, E-q. | 
 
 Jamks rt. Moss, Secretary and Treasurer, 
 
 i SURVEYORS : 
 
 St. Joint's. — Jar.ie.-^ R. Moss and Samuel Con<;(lon. 
 
 Bay RoherU. — Hy. Dawe, Azli. Dawe. Steplien Par- 
 son?! and William Mosedell, 
 
 ^iirin—.Wm. Collins, Robt. Inkpen and G. Inlspen, 
 
 Ihircjeo. — John Mathews and Amice Pennl. 
 
 Brigus. — Tiios. SpraCKlin and Hemy Roberts. 
 
 Bonavista. — Robert Brown, Sr., and Joseph Durdle. 
 
 Carbonear. — Wm. Howell, Geo. Winsor and Ste}>iien 
 
 Jillet. 
 
 Qitalina. — James Raymond and Robert Stevens. 
 
 Channel. — Nelson Bragg and Williatn Warren. 
 
 Cupiih. — Hemy Bishop and George Smith. 
 
 Grand Bank. — Geo. A Bntft'tt and Thos. Hickman. 
 
 (r/'twi.s7)o«J.. . Darius Blandford, Edvvin Edgar ami 
 
 Fred White. 
 
 Haibor Grace, .iohw Soence, William Pavne and 
 
 W. S. Warren. 
 
 Herrimj AV'A:.. .Francis Miles and John Philpot. 
 
 Kimfs Core. ..John Monks and Thomas Doyle. 
 
 Lal'aile. — Jo«. LeSeilleur and Henry Jetleries. 
 
 Placentia. ..Wm. B. Bradshaw and J. P. Bradshaw. 
 
 Port <!('■ Grare.. .Capi. Hy. Dawe and Wm. Kelland. 
 
 Ro.'ie Blanche.. .V. A. Garcin and Henry Horwood. 
 
 Salvtfge. — William Moss. 
 
 7^r?/<?7//.. .Edward Spenre and George Sp.ence. 
 
 Twilli ii(/ate .. .Andrew Roberts an<l Frank Ro'erts. 
 
 We.'ileyrille. 
 
I^TJLJES 
 
 or THE 
 
 Newfoundland Mutual Mm Insuraiiee Club. 
 
 1. — ^'Thi^ Society phal! be Hesitrnjited 
 ''THE NEWFOUNDLAND MUTUAL 
 MARINE INSURANCE CLUB,'' and shall 
 consist of all such owners of Registered 
 Deck Vpssels employed in ihe In^Tieries' 
 of this Inland, including Banks and Labra- 
 dor, as shall subscribe to the Rules herein- 
 after laid down for the purpose of commu- 
 nicating and receiving reciprocally the 
 benefit of a Mutual Insurance. 
 
 2.— No Vessel will be admitted, unless 
 the Rulec of this Society are signed by 
 the Owner^ or Legal Representative of such 
 Owner. Each Owner or Underwriter shall 
 sign for each Vessel he may enter respec- 
 
i*f 
 
 
 u 
 
 *' 
 
 lively; and when the Registered Owner or 
 owners are prevented by distance, or other- 
 wise, from signing the Rules in person, he 
 or they shall appoint an Attorney or Agent 
 to sign in his or their behalf, which rdithor- 
 ity phall in all cases be in writing, and 
 left with the Secretary at the time of sign- 
 alL ; and service of process on such 
 Agent or Attorney shall be sufficient ser- 
 vice on his principal. 
 
 Any person desiring to insure in the 
 Club a Vessel of which he is not the Owner 
 may do so by subscribing to the Rules and 
 writing opposite to or over his name the word 
 *' Underwriter " and the name of the 
 Owner. In any ouch case the person so 
 signing shall become personally liable for 
 contribution towards all claims for losses 
 payable on account or in respect of tlie 
 Vessel so insured. In case of the loss of 
 any such vessel the underwriter shall have 
 the right to receive the insurance money 
 on account of the owner. 
 
 3. — Xn any case in which a vessel entered 
 for Insurance in this Club is mortgaged, 
 the person applying for Insurance shall 
 state in the application the name of the 
 
 i 
 
mortgagee and the amount of the mortgage 
 claim, failure to do so shall vitiate all 
 claims on this Cluh. No Vessel which is 
 mortgaged by the owner ^hall be eligible 
 tor acceptance by this Club, unless this 
 luie is complied with, and the Secretary 
 Hhall forthwith notify the Mortgagee of the 
 fact ; and in case he shall sign a consent to 
 that effect, the Insurance shall be, in the 
 first place, for his benefit to the extent of 
 ins mortgage claim, and he shall be liable, 
 as an Underwriter, to the extent of his 
 mortgage claim, for contributions towards 
 losses, in case the owner or mortgagor fail 
 to pay the same. 
 
 4.— Every Owner, Underwriter and Mort- 
 Rdgee in this Club, shall, if required, on 
 entering a Vessel, deposit in the hands of 
 the Secretary, fiood and sufficient security 
 in writing, to the satisfaction of the Com- 
 mittee for such Vessel's proportion of all 
 losses that may occur. Those persons who 
 at }.)resent date have not paid the amount 
 of their lofeses for the past year's insurance 
 snail not be pernjitted to enter vessels in 
 this Cub until they pay the said amount. 
 
 5.— Any person appearing at a meeting 
 
6 
 
 of this Cliil) to represent an Owner oi- 
 Owners, and who is not his or tlieii- 
 accredited Agent, shall produce a power of 
 Attorney, which document, when so ])vo- 
 duced, shall he recorded hv the Secretary. 
 
 Entrance Fee — Under 50 tons. One Dol- 
 lar; above 50 tons. Two Dollars. 
 
 6. — The Club shall not insure any one 
 Vessel in more than Five Thousand Dol- 
 lars; but in the event of any Vessel being 
 valued at any more than that sum, the 
 Owner or Owners shall be at libertv to 
 insure the extra value — less one-tenth of 
 her total value — in any other society of 
 underwriters, or bear the risk himself, and 
 he oi* they shall be entitled to their pro- 
 portion of any wrecked materials that may 
 be saved should the Vessel be lost. 
 
 One-tenth of the value of all Vessels 
 insured shall bo at the risk of theOwnfror 
 Owners, and shall be uainsurable, and 
 when Vessels shall be North of the line of 
 Belle Isle, one-fifth of the value shall be at 
 risk of the Owner or Owners and shall be 
 uninsurable. 
 
 I 
 
'. — Kach member of the Ciuh .shall 
 Miicleiwrite on each particular VesFel his 
 proportion of the amount which she is 
 insure.! in this Society, an.l bear recipro- 
 cally his proportion of any total loss that 
 may happen, whether at Sea or in Port 
 arising irom Seas, Winds, Rocks, Shoals' 
 lee. and all dangers and accidents of 
 •Navigation; as well as from Fire, Li^^ht- 
 ning. Enemies. Pirates or Thieves, provi°led 
 the Master has done his duty to prevent 
 
 Ir^n^'^'n?' ^^'^ ''^'''' ^^^^ P^r*^^^ ^OSS to the 
 
 Hull, Tackle or Appnrel of the Vessel, 
 arising only from the str anding of suc^ 
 V es-^el, or collisiorf, as shall amount,"^tii 
 the necessary incidental expenses, to Fif- 
 teen per cent, of ihe sum insuied, and in 
 no case shall the Club be liable for more 
 than Seventy-five per cent, on the sum 
 insured But this Society shall in no case 
 be liable for claims for losses in cases of 
 Jettison or of General Average. And for 
 iill contributions required under this Rule 
 the Society shall have a lien on each 
 \ esse! for her respective proportion of all 
 losses. ^ This Pule shall not prevent the 
 Committee in their discretion from award- 
 ing gratuities in special circumstances or 
 for meritorious services. 
 
 I 
 
8 
 
 8. — This CI lib does not insure against loss 
 arising from illicit trade or barratry ot the 
 master or mariners. 
 
 9. — This club shall insure all Vessels en- 
 tered and approved of, for the Cod Fisheries 
 of the Island, includii)g the Banks and 
 Labrador ; also Vessels engaged in the 
 Coasting Trade and Vessels engaged in 
 Trading Voyages which may be appri.ved 
 of by the Committee within the limits of 
 this Government and its Dependencies : and 
 also when voyaging to or from the United 
 Kingdom, Channel Islands, Portugal, Spain 
 Sardinia, Italy, Malta and Ionian Islands, 
 (inclu'^ive), the West India Islands, the 
 port of Demerara and Brazil, as far south 
 as Bahia (inclusive), British North America 
 and the United States, as farsoutli as Balti- 
 more (inclusive), from iMarch 15 until the 
 Thirty-fiist day of beccmber following, sub- 
 ject to the following rf^strictions viz : — 
 That no vessel shall leave any port or place 
 in Newfoundland, ior any port or place in 
 tlie United Kingdoin, ('hannel Islands, 
 Portugal, Sjiain, Sardinia, Italy, Ionian Is- 
 lands, West India Islands, Port of Den orara 
 or Brazil, at the risk of this Club, after 
 the First day of December; nor for any 
 
1) 
 
 })ort in British Noi Ji i*. nierioa or the United 
 State?, after the Fifth day of December, ex- 
 cep Cape Breton, for which place v^s^els 
 snail he allowed to leave to Tenth day of 
 Decemher; and that no Vessel shall leave 
 any port or place in the United Kincrdom 
 Channel Islands, PortURal,Si)ain, .Sardinia; 
 Italy, Toman Islands, West India Islands 
 Oomerara or Brazil, for any port or place 
 at the ri^k of this Club, after the Twentv- 
 titth day of November; nor the United 
 Mates or British North America after the 
 lenth day of necember,excer>: Cape Breton 
 wlu^e \ essels are allowed to Twentieth day 
 ol December; and any Vessel violati.ii 
 these restrictions shall n<a. if lost or under 
 average, be paid for by this Club. 
 
 Novc^ssel entered for Insurance in this 
 ( lub shall 
 
 (1) (.() Noith of 50 dep. N. Latitude before 
 the 1st day of Mny or after the 20th 
 November, or be North of 51 deg. after 
 the ioth day of November. 
 
 (2) Kn^^vge in the i)rosecution of the i^.eai 
 i^istierv. 
 
10 
 
 The infraction of any of these Rules shall 
 ipso facto terminate the Insurance upon the 
 Vessel for infringing. 
 
 10. — The owners of all Vessels entere.l 
 shall be liable for their proportions of all 
 losses that may occur in the Club after the 
 15th (lay of March at noon, and no Vessel 
 shall be at the risk of this Club, or paid for 
 if lost, whether at sea or in port, after the 
 31st day of December at noon. 
 
 11. — A honajide chnnge of ownership by 
 legal transfer shall be consider<^d as can- 
 celling the insurance from the time of such 
 transfer, the vessel being accountable for 
 her proi)ortion of all losses at the time of 
 such transfer. Written notice of such 
 change of ownershii) shall be giver, to tlie 
 Secretary, by the insured, iinme^.iateiy on 
 the same taking j^lace. 
 
 12.— No cliange of Master shall take place 
 without the approval ot the Committee, 
 (except in a port outside Newfoundland, 
 whera the change is unavoidable;, and the 
 consent of the Committee cannot be ob- 
 tained. 
 
11 
 
 18. — For the management of the business 
 of this Club the following ofiicers ^hall he 
 at)pointed, viz. : A Committee of five Mem- 
 bers of the Club (of whom three shall form 
 a quorum for all business })urposes) who 
 shnll represent the whole body, individual- 
 ly and collectively ; a Secretary-Treasurer, 
 and necessary Surveyors. 
 
 1-1.— The duty of the Committee shall be 
 10 revise all valuations made by the Sur- 
 veyors on Vessels proposed to be entered 
 in this Club, to satisfy themselves as to the 
 com))etency ot the Masters, and to pass 
 and refuse all claims for loss. They shall 
 )>e governed in their decisions by these 
 Rules, which d'i'cisions shall be iinal ; pro- 
 vided that no member of the Committee 
 shall vote in any case wherein he is a 
 claimant for a loss, and, should he do so, 
 the decision of the Committee shall be in- 
 valid and of no efTect. Tn the cvmU of an> 
 of those nominated at thi.; m^'etin^^ as Com- 
 mittee men having died, or not attending 
 at Hie time apj)ointed, having been duly 
 notified : y the Secretary, any three attend- 
 ing, lieing unanimous in their choice, are 
 cmpowei-d to elect some fit ami proper 
 i-rrstMi t<* (.(Miijdete the number. Tiiis 
 
12 
 
 Society invests full power and authority in 
 a quorum of the Committee, to admit or 
 reject any Ves?el they may think pro])er, 
 within the limits prescribed by these Rules. 
 
 In c^ise of death, sickness, or ahsen(;e of 
 any one or more of the Surveyors, it shall 
 he lawful for a quorum of the committee, 
 all agreeing, to appoint a substitute orsub- 
 stitutes pro tcm., as well as to appoint 
 special Surveyors, in any case where the 
 tjervices of Surveyors are re(|uired out ol 
 the district, and\he ordinary Surveyors 
 are not available. An.! any member yf the 
 Committee shall be eligible to net as a Sur- 
 veyor in the absen?e of any of the ordinary 
 Surveyors. Fees for members of the Com- 
 mittee pliall be Two Dollars each member, 
 and Three Dollars for President for attend- 
 ance at the meeting. 
 
 ;15 —The duty of the Secretary shall be 
 to receive the Surveyors' report, and to call 
 meetings of the committee, to consi<ler the 
 valuation ol the several vessels offered for 
 Insurance; and he shall deliver to the 
 owners of ( a h Vessel passed, or to his 
 agent, a certiticate, st:»ting the value of each 
 Vessel, and the sum at whieli she is iiisui'- 
 
13 
 
 ed by the Club, which certificate shall be 
 a security to the owner or owners, 
 j and as valid as a policy issued ut 
 I Lloyd's. The Secretary shall also keep 
 _ the accounts of the Club, and collect 
 I from each member tlie expenses allowed 
 ; for conducting the business of the Society, 
 \ and all money due for losses at the time 
 hereinafter mentioned, viz:— On or imme- 
 diately after the second Tuesday in Janu- 
 ary he shall call a meeting of the Commit- 
 tee, for the purpose of settling claims of 
 the past season, and shall with all possible 
 deq)atcli, after the case is decided by the 
 Committee, collect the total amountaward- 
 ed. f-oni persons liable lheref:)r, and pay 
 the same immediately to the lawful claim"'- 
 ant. He shall call an<l attend all meetings 
 when reque.^ted, either by the Cowimittee 
 <)>• n p.nty interest". I, Mud shall furnish an 
 inventory ol any wreck in cane of lo^s. 
 He shall provide all stationery, anrl give 
 each member ..f the Club, and each Master 
 before he i)roceeds on any voyage, a copy 
 I of these UuleH in print, and. ii recpiired, 'a 
 - jist showing the name^ values, and sums 
 ^insured on all vessels admitted m the 
 (luh, as soon as (he same shall he com- 
 pieted. He shall act as Auctioneer in the 
 
14 
 
 disposal of wrecked property, upon which 
 he shall he allowed a commission of two- 
 and-a-half per cent., and shall act as the 
 lawful Attorney of the Cluh under the 
 direction of the Committee; and as a re- 
 muneration for such services he shall 
 receive from the owner of each Vessel 
 admitted, for part or whole of her value 
 in the Chih, at the following rate :— For 
 vessels under Fifty tons — Two dolhirs 
 each. For vessels Fifty mns and under 
 Seventy tons— Three Dollars each. For 
 Vessels Seventy toMs and under One Hun- 
 dred tons— Four Dollars each. For Ves- 
 sels One Hundred tons and ahove— Five 
 Dollars each, according to scale, (i)ayahle 
 on delivery of the Certificate), also One- 
 half per cent, for collecting losses, to he 
 paid hy the claimant; and for the due per- 
 formance of his duty, and for 'ill money 
 paid into his hands lelonging .) the Cluh, 
 he shall, if re^piired. give good and sulh- 
 cient security to the (^)n]mittee in the sum 
 of Two Thousand Dollars. 
 
 lf,^_Thcduty of theSurveyors shrll be. 
 when recpiired hy either the owner or the 
 ' fn Pv;unine the Vessel ])ro])OPed 
 
 i^r\i 1 I'^if I 
 
 for admission, an 
 
 d to see that iier 
 
 hull 
 
I 
 
 15 
 
 spars, rigging and running gear with on^ 
 whole suit of sails, are in goo.l and pro per 
 order- also two pumps, with pump gear 
 complete-one spare set of upper and 
 ower boxes, one storm trysail, or one spare 
 
 .ho and one kedge, one small warp one 
 
 thTn m ';?• "'1 '^""'^'"" eahle-„o't le"s 
 nn f i '""" '""S-one chain cable about 
 
 on boaid, one second chain cable of 
 the same size and dimensions; all to be 'in 
 accordance to size of Vesseis • 
 
 ''f;rr;;'o,;?L.'™^.?,:i',!.?,'^-i,;- ^'■-— '-'>«-„, « a„c. m 
 
 ''lummn^,';;^:: i^^^^r/'itl^ '■■-ms-Le,,,,,,, « „„„ « 
 
 Ont. riding ligl,t_gl„|,u]„ |,^„j 
 o suiehghts, one bell, one patent f;g horn 
 T fd. V; ''«',".«'^^"r'l'>nce with the fioard of 
 rrade Regulations. One hrass-howl con" 
 l>as.s, one wood-bowl compass; with eve v 
 otiier re,pi,site, and in all respect, fit to 
 prosecute the intended voyage ' 5^';' 
 -= sal.sned that the Master is 
 
 I it i i 
 
Ifi 
 
 competent to take charge of tl.e said 
 V sel-, and having ir every re.peetBa- 
 fiecl themselves that no "npednr.ent ex^s 
 aaainft her heing received, they stia l 
 Sine her Register, copy the heads 
 ther^oHn their Record Book and hand over 
 o\he Secretary, in e-h cose a certificate 
 of their opinion as to the Ve^^els con 
 
 c:rs^:dlt;7^a.;ecuihthefo.w 
 
 ine Rule shall be ohserved, viz:— \e3sel3 
 shall be classed an>l va'.ed according to 
 aae and material ot bnikl. 
 °E- ery vessel shall be inspected hy a 
 lea tWo Surveyors fur admission. Vessels 
 entered must he surveyed before proceed- 
 ing or the voyage ; it being always under- 
 stood that Vessels not in port can be 
 entered in this Club, on the opening 
 tweo , at the valuation of the Committee 
 ubje'-l t» survey on arriva here; such 
 Vessel shall he warianled ""t lost at the 
 date of entrv, and should she he lost 
 before hat time she shall not he paid for 
 by this Club. And -hereas there may be 
 Vessels belonging to persons with n the 
 U^Hs of this Club, at the opening thereof, 
 atplaces where no Spociai surveyors «..; 
 
17 
 
 appointed, the Committee are hereby em- 
 l)owpred in Ruch cases to receive the testi- 
 mony of two truRtvvorthy residents, as to 
 the condition of such Vessels, and to admit 
 them into this Cub, subject to survey on 
 arriving where there are Club Surveyors 
 It shall be the further duty of the Sur- 
 veyors to see that every Vessel be either 
 ho,e out or put on the slip, at least once 
 nuring the year; this Rule not to apply to 
 Vessels zinced or coppered. No person 
 shall survey a Vessel in which he is inter- 
 ested. For the due performance of these 
 duties the Surveyors are to receive from 
 the ownprs Two Dollars for each Vessel 
 surveyed and admitted into this Club. 
 After the appointment of Surveyors they 
 shall be required to be sworn on oath, for 
 the honest discharge of their duty. 
 
 Any Vessel insured 'n this Club shall be 
 iable to be inspected at any time or place 
 by the Secretary, or any Surveyor, and if 
 all materials as required by Rule 16 are 
 not found on board, the Secretary or Sur- 
 veyors shall report s.ime to the Committee 
 and the Committee shall have power to re- 
 duce insured value of such vessels 20 per 
 ^ ioaa occurring; 
 
 -w- -v' • « V 4 S. Z2 
 
 £X ■• ^-k a.^ X 
 
 U i Ij C X 
 
IS 
 
 and this Rule shall not be held to deprive 
 the -Underwriters of any remedy or defence 
 which they otherwise would have, in he 
 event of a claim for loss, by reason of the 
 absence of, or defect in any of the gear or 
 material required by said Rule. 
 
 All vessels innired in this Club must on 
 their first arrival in St. John's in any year 
 be reported to the Secretary. Any neglect 
 in complying with ibis Rule may cause un- 
 necessary trouble in the event of a loss. 
 
 " When the Surveyors belonging to the 
 Club are called upon to survey in special 
 cases, they are to receive Two Collars each 
 for such special services, and the said fee 
 shall be paid to such Surveyors, by the 
 owner of the Vessel. 
 
 57 -Should any difference arise between 
 the owner or underwriter of any vessel ad- 
 uiitted into this Club and tl.e Surveyors 
 such difference Bhall be submitted to the 
 Committee and the Secretary ; the majoruy 
 of the Committee shall determine the same. 
 
 -« O 
 
 Mn,«rA 
 
 _ ., .^.^,. apv Ve?pel ineured in this 
 Club becomes wrecked or stranded it shall 
 
19 
 
 be the duty of the Master and Crew to use 
 every possible effort to save the hull and 
 material, and, if possible, to communicate 
 with the Committee or the Secretary, and 
 should the wreck or stranding be in a^ place 
 where the Master cannot so communicate, 
 he shall then call two Special Surveyors 
 (members of the Club, if possible,) to ex- 
 amine and report upon the condition of 
 the wreck. Should the Surveyors find and 
 report, and be prepared to declare on oath, 
 before a Magistrate or Notary Public, that 
 in their opinion it would cost more than 
 7o per cent, of the valuation to repair the 
 Vessel and get her off, the Master may 
 employ an Auctioneer to sell the hull and 
 materials by public auction. Should the 
 Surveyors be not prepared to make the 
 above declaration, and should it be too late 
 in the season to repair and float the vessel 
 the Master shall leave the hull and mate- 
 rials in charg3 of some trustworthy person 
 and await instruction of Committee. In 
 all cases the Master shall employ men, if 
 necessary, at the expense of the Club, to 
 strip the Vessel and freight the material 
 to St. John's, and place the same at the 
 disposal of the Secretary, or otherwise to 
 store the materials in a place of safety at 
 
20 
 
 the risk of the Club, but in no case shall 
 the wreck or materials be given up to a 
 Wieck Commipsioner without consent of 
 the Committee of mis Club. The Master 
 shall note protest and furnish the Secretary 
 therewith, as also an inventory of the 
 wreck saved, immediately on his arrival 
 home. In all cases (.f total loss, the wreck 
 Qr material saved, or the j>roceeds thereof, 
 shall belong to and go to the benefit of the 
 Club. Provided that in any case in which 
 the right to abandon is disputed, the taking 
 possession or control of such wreck or ma- 
 terial by the Club or its committep or 
 agents, shall not (in any case) be held to 
 be of itself evidence of an acceptapre of 
 abandonment by the underwriters in any 
 case in which the right to abandon is dis- 
 puted by the Club. Expenses of Notarial 
 and other documents in all cases to be 
 borne by the owner. Tht Committee shall 
 not pass' any loss unless they are s-atistied 
 that tie spirit of this Rule has been c«a..- 
 plied with. Should any Master viola^ • 
 fail to comply with the provisions of this 
 Rule he shall be disqualified from taking 
 charge of any Vessel that may hereafter be 
 insured in the <^lub, except with si)ecial 
 sanction of the Committee. 
 
21 
 
 Should any Vessel bo str.inded and after- 
 wards be got off, or conrie into collision with 
 any other Vessel, the Master shall report to 
 the Secretary immediately upon his arrival 
 at the firf^t ])ort or place from whirfi it is 
 ])Ossible to communicate; and such Vessel 
 shall not be allov\-ed to })r';ceed on her 
 voyMge without the consent of the Com- 
 mittee. In case of any viv^bition of this 
 Rule the insurance upon the Vessel in the 
 Club will thereupon terminate. 
 
 That in settlement of averages, caulkii.g 
 shall not be allowed unless the vessel has 
 been thoroughly caulked all over within 
 three years, and the difference of price be- 
 tween new and old metal or zinc shall not 
 be allowed if the same has been on more 
 than three years. 
 
 That the u^ual deduction of one-third 
 new for old shall not be made for any 
 claim in respect of average until the end 
 of one year from the date of fir-'t registry, 
 or say 12 months after the vessel has been 
 at sea. 
 
 In every case of loss the Master and 
 Mate (if any), or two of the Crew, when 
 
22 
 
 practicable, ehall be examined before the 
 Committee, touching such loss. 
 
 19 -Any Vessel insured in this Club 
 suffe'ring damage or <le«truction wh.le at 
 St. Pierre, Miquelon, or any "t^er unsa e 
 harbor o^ while discharging or loading on 
 .nop n. bore, str,.nd or cape, or carrymg 
 dead weight, such as sand, brick ore 
 stone, etc! shall suffer a deduction ol len 
 Dollars per cent, on the sum insured. 
 
 20 —When any claim for loss shall be 
 
 ™ade on ckis Club ""^^ f^^.f^ ^^iSlv 
 risen from, or been caused by, ^ '« ^''/"''y 
 improper conduct ot the Master of the 
 Vessel or which by e.xertiou on his part 
 Sh "have been prevented or lessened in 
 St, or when any Vesse on abandon 
 ment is set fire to, or burned by the Master 
 ^r C ew, the name of such Master and a 
 short slaten.ont of the misconduct or 
 fee ect complained of, the name of Ves el, 
 Tafe of loss! &c... shall l-/ecorded in he 
 books of the Club, and he « ?;'" >',h ''^, 
 mialified from baving charge o any Vessel 
 t\iat may hereafter be insured therein. 
 
 21.-lf any difference shall arise between 
 
 I* 
 
 ( 
 
23 
 
 ^ 
 
 ♦ 
 
 the owner of any Vessel insured in the 
 Club and the Committee in relation to any 
 claim for loss or damage, or any other 
 matter afifecting the insurance, such differ- 
 ence shall be referred to the arbitrainent 
 and award of three xVrbitrators, one to be 
 chosen by the Committee and one by the 
 Insured ; and in the event of either party 
 refusing, for fourteen days after the ap- 
 pointment of the Arbitrator by the other 
 jnirty to appoint another, the other party 
 may appoint a second, and in either case 
 the two appointed shall forthwith appoint 
 a third, and the paid arbitrators shall con- 
 sider and decide upon the matter in dis- 
 pute, according to the terms and conditions 
 of these Rules and the laws of this Colony, 
 and the award ot the said Arbitrators or 
 any two of them, shall be fir il and binding 
 upon both parties. And it is hereby agreed 
 and declared that the insured shall not be 
 entitled to maintain any action at law or 
 suit in equity under thc^e Rules, until the 
 matter in dispute shall have been referred 
 to an(l settled by Arbitrators appointed as 
 hereinbefore specified, and tlien only for 
 such sum as the Arbitrators shall award; 
 and the obtaining of the decision of such 
 Arbitrators on the matters in dispute is 
 
2[ 
 
 hereby .lechired to l.e a condition pre 
 cedent to the right of the insure*) to main 
 
 tain any such action or suit. Thi. suhmis- 
 «ion may he ma.le a Ride of the feupreine 
 Court upon applicaiion ot either party. 
 
 22 —Should the Committee refuse to al- 
 low the claim of any individual, who may 
 in conseiiuence enter an action at iaw,each 
 member of the Club shall bear his respec- 
 tive portion of the cost of defending ^uch 
 suit; and it is also agreed that all claims 
 against this Club shall be null and void, 
 unless prosecuted within twelve months 
 from date of accident or In??. 
 
 23 —Should any owner or underwriter 
 neglect or refuse to pay the amount oj his 
 contribution to any claims which have been 
 na«sed bv the Committee and stated fi'A be- 
 tween thi Club and the assured, or award- 
 ed by Arbitrators under the preceding 
 Rule, an aclicm to recover tb. amount of 
 suid contribution n.ay be taken against 
 each owner or undersN rit-r by and in he 
 name of the President or Secretary ot he 
 Club, (>n beluilf of the assured, and in the 
 «ame actb»n ma> be inc uded claims tor 
 
 f 
 
 i 
 
25 
 
 I 
 
 any number of losses for which such owner 
 or underwriter may be liabN. 
 
 24.— In order to prevent doubts as to the 
 extent of the liability of the Underwriters 
 in the Club in respect of work or materials 
 which may be done, or furnished, or re- 
 quired by order of a Government or Lloyd's 
 Surveyor, it is understood and declared 
 that in any case of partial loss or damage, 
 the Club shall be liable only for such work 
 or material as shall be necessary to restore 
 the Vessel to as good a condition as before 
 the accident ; and that any additional, 
 superior or extra strappings, fastenings, or 
 strengthenings, whether ordered by such 
 Government or Lloyd's Surveyor, or other- 
 wise, shall be at the cost of the owner. 
 
 25.— Where dates are mentioned in these 
 Rules, it is understood that the day begins 
 or terminates at noon. 
 
 I 
 
 't5\(5)^g)/a 
 
 (i)0 
 
 EiiRATrM.— Pajxo 15, line H, for"s(ea.u anchor" 
 read '' ;<(ri'i(ni anclioi."